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De Omnibus Dubitandum - Lux Veritas

Thursday, May 13, 2021

Judge orders IRS to reveal if it criminally investigated Clinton Foundation, citing records 'gap'

Tax court refuses to dismiss whistleblowers' case involving famous political family charity, remands case back to agency to fill in blanks. 
 
By John Solomon May 11, 2021
 
A U.S. Tax Court judge has ordered the Internal Revenue Service to reveal if it criminally investigated the Clinton Foundation, directing the agency to cure a mysterious "gap" in its records in the case.  Most of the proceedings in the case involving the Clinton Foundation and the whistleblowers Lawrence W. Doyle and John F. Moynihan have been sealed, but U.S. Tax Court Judge David Gustafson authorized the release of an April 22 ruling to Just the News this week.

In it, Gustafson remanded the case back to the IRS Whistleblower Office (WO), saying the agency's claim there was no criminal investigation against the Clinton Foundation "was not supported by the administrative record and thus constituted an abuse of discretion."

"The WO must further investigate to determine whether CI [criminal investigative division] proceeded with an investigation based on petitioners' information and collected proceeds," the judge ruled. "… It seems clear we should remand the case to the WO so that it can explore this gap."

While ordering the IRS to reveal whether the Clinton Foundation was criminally investigated, the judge declined the whistleblowers' request to take an Arkansas state official's deposition or compel discovery in the case, saying such actions were "outside the scope of proper discovery."

"Petitioners evidently look forward to a trial in which they hope to prove wrongdoing and tax evasion by the target entities and to prove dereliction of duty by the IRS," he added. "There will be no such trial in this case."..........To Read More.....

 


 

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